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Home My WebLink About2021 Ordinance No. 019 1 BY AUTHORITY ORDINANCE NO. 19 COUNCIL BILL NO. 16 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AMENDING TITLE 1, CHAPTER 8 OF THE ENGLEWOOD MUNICIPAL CODE TO ESTABLISH A LOCAL PROCESS FOR CAMPAIGN FINANCE COMPLAINTS WHEREAS, until state legislation adopted in 2019, the City was able to rely on election campaign regulations and enforcement by the Colorado Secretary of State through Title 1, Article 45 of the Colorado Revised Statutes the Fair Campaign Practices Act (the "FCPA"); WHEREAS, by enactment of Senate Bill 19-232, the General Assembly amended the FCPA to provide that complaints arising out of a municipal campaign finance matters must be filed exclusively with the clerk of the applicable municipality; and WHEREAS, because of this change in law, campaign finance complaints that were previously handled by the Secretary of State’s Office must be heard by the City, and the City must adopt a local process to handle such complaints. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Title 1, Chapter 8, of the Englewood Municipal Code is amended by the addition of the following new Section 1-8-9: 1-8-9: - Campaign Finance Complaints. A. In addition to the campaign finance duties outlined in C.R.S. § 1-45- 112 for a municipal clerk, the City Clerk shall have the responsibilities set forth in this Section related to campaign finance complaints. The City Clerk shall promulgate such rules as may be necessary to enforce and administer any provision of this Section. B. Any person who believes that a violation of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, C.R.S. § 1-45-101, et seq., or the Secretary of State’s rules concerning campaign and political finance has occurred in municipal campaign finance matters may file a complaint with the City Clerk. 1. A "municipal campaign finance matter" has the meaning defined in C.R.S. § 1-45-111.7(9)(b) and 8 C.C.R. 1505-6, both as amended. The process for review and handling of complaints related to a DocuSign Envelope ID: EB4EE40E-1AAC-4B0A-A896-11F6D488161C 2 municipal campaign finance matter shall be as set forth in this Article in a manner consistent with the Fair Campaign Practices Act, C.R.S. § 1-45- 101, et seq., specifically C.R.S. § 1-45-111.7, as amended, and the rules promulgated by the Colorado Secretary of State at 8 C.C.R. 1505-6, specifically Rule 23, as amended. 2. A complaint must be filed no later than one hundred eighty (180) days after the date on which the complainant either knew or should have known, by the exercise of reasonable diligence, of the alleged violation and must meet the minimum requirements set forth in 8 C.C.R. 1505-6, Rule 23.1, as amended. A complaint must be filed in writing and signed by the complainant on the form provided by the City. The complaint must identify one or more respondents and include the information required to be provided on the form. 3. Upon receipt of a complaint, the City Clerk shall notify the respondent of the complaint by e-mail or by regular mail if e-mail is unavailable. 4. Documents related to a complaint will be publicly available as set forth in 8 C.C.R. 1505-6, Rule 23.2, as amended. C. The City Clerk shall conduct an initial review of a complaint to determine whether the complaint was timely filed, specifically identifies one or more violations of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, C.R.S. § 1-45-101, et seq., or the Secretary of State’s rules concerning campaign and political finance; and alleges sufficient facts to support a factual and legal basis for the violations of law alleged in the complaint. Within ten (10) business days of receiving a complaint, the City Clerk shall take one or more of the following actions: 1. If the City Clerk determines that the complaint was not timely filed, has not specifically identified one or more violations of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, C.R.S. 1-45- 101, et seq., or the Secretary of State’s rules concerning campaign and political finance, or does not assert facts sufficient to support a factual or legal basis for an alleged violation, the City Clerk shall notify the complainant and respondent of such determination by e-mail or by regular mail if e-mail is unavailable. The City Clerk’s determination hereunder is a final action subject only to judicial review pursuant to C.R.C.P. 106(a)(4). 2. If the City Clerk determines that the complaint alleges one or more curable violations, the City Clerk shall notify the respondent and provide the respondent an opportunity to cure the violations. The process for curing shall be as set forth in subsection (D) below. DocuSign Envelope ID: EB4EE40E-1AAC-4B0A-A896-11F6D488161C 3 3. If the City Clerk determines that the complaint has specifically identified one or more violations of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, C.R.S. § 1-45-101, et seq., or the Secretary of State’s rules concerning campaign and political finance, and has alleged facts sufficient to support a factual or legal basis for each alleged violation, and that either a factual finding or a legal interpretation is required, the City Clerk shall forward the complaint to a hearing officer appointed by the City Council. D. Upon the City Clerk’s determination that a complaint alleges a failure to file or otherwise disclose required information, or alleges another curable violation, the City Clerk shall notify the respondent by e-mail or by regular mail if e-mail is unavailable of the curable deficiencies alleged in the complaint. The process for curing shall be as set forth in C.R.S. § 1-45- 111.7(4), as amended. E. The hearing officer shall schedule a hearing on a complaint referred by the City Clerk within thirty (30) days of the filing of the complaint. The hearing may be continued upon the motion of any party for up to thirty (30) days or a longer extension of time upon a showing of good cause. The hearing shall be in compliance with C.R.S. § 1-45-111.7(6), as amended. 1. The City Attorney's office shall represent the City's interest in such matter and shall provide representation for the City in all proceedings before the hearing officer. Testimony shall be given under oath, and the hearing officer shall have the power to issue subpoenas and compel the attendance of witnesses. 2. The hearing shall be summary and not subject to delay and shall be concluded within sixty (60) days after the complaint is filed. No later than five (5) days after the conclusion of the hearing, the hearing officer shall issue a written determination. The hearing officer’s written determination is a final action subject only to judicial review pursuant to C.R.C.P. 106(a)(4). F. The City Clerk or a hearing officer, as appropriate, may impose penalties and sanctions as set forth in C.R.S. § 1-45-111.5, and 8 C.C.R. 1505-6, Rule 23.3.3, both as amended. Recovery of a party’s reasonable attorney fees and costs shall be as set forth therein. Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Savings Clause. The provisions of E.M.C. Title 1, Chapter 2, Savings Clause apply to the interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions DocuSign Envelope ID: EB4EE40E-1AAC-4B0A-A896-11F6D488161C 4 regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by appeal. Safety Clauses. The Englewood City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of the public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 3rd day of May, 2021. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of May, 2021. Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of May, 2021 for 30 days. Read by Title and passed on final reading on the 17th day of May, 2021. Published by Title in the City’s official newspaper as Ordinance No. 19, Series of 2021, on the 20th day of May, 2021. Published by title on the City’s official website beginning on the 19th day of May, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 19, Series of 2021. Stephanie Carlile DocuSign Envelope ID: EB4EE40E-1AAC-4B0A-A896-11F6D488161C